Opinion
9854 Ind. 3011/03
07-11-2019
The PEOPLE of the State of New York, Respondent, v. Anderson STUCKEY, Defendant–Appellant.
Christina Swarns, Office of the Appellate Defender, New York (Stephen R. Strother of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Kristian D. Amundsen of counsel), for respondent.
Christina Swarns, Office of the Appellate Defender, New York (Stephen R. Strother of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Kristian D. Amundsen of counsel), for respondent.
Friedman, J.P., Richter, Tom, Oing, Moulton, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about September 8, 2017, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
The court providently exercised its discretion in declining to grant a downward departure (see generally People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). Defendant's favorable prison disciplinary record and completion of treatment programs were adequately taken into account by the risk assessment instrument (see e.g. People v. Palmer, 166 A.D.3d 536, 537, 86 N.Y.S.3d 717 [1st Dept. 2018] lv denied 32 N.Y.3d 919, 100 N.Y.S.3d 217, 123 N.E.3d 876 [2019] ), and defendant had not demonstrated that family support reduced his particular likelihood of reoffense or danger to the community (see People v. Saintilus, 169 A.D.3d 838, 839, 94 N.Y.S.3d 128 [2d Dept. 2019] ). In any event, these mitigating factors were outweighed by the seriousness of defendant's underlying crimes as well as his criminal record. We have considered and rejected defendant's remaining arguments, including his claim that a remand for further proceedings is necessary.